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Is it possible to return cable products?
Electrical cables offered on the market are not always of high quality. Even short-term operation leads to insulation failures. Sometimes breaks can be seen on a cable that has not yet been used.
If the buyer is not at fault, his interests should be restored. The Law of the Russian Federation “On the Protection of Consumer Rights” No. 2300-1 of 02/07/92 provides several options for fighting for your own rights in such situations. You should know what the conditions for returning and exchanging purchased goods are.
Return or replacement of purchased cable and wire products may be required in two cases:
- defects in the product were noticed before electrical installation work was carried out. This refers to the detection of breaks and other damage to the insulation;
- the products did not meet the required specifications. For example, a two-core cable was purchased by mistake instead of a three-core one.
How to return a defective item to a store
If you find a defect in the purchased clothing, do not try to fix it yourself (in this case, the purchase may not be accepted back). If the defect only appears when you are wearing the item, take a photo or video to confirm what you said in the store. You can return a defective item without tags. By law, you can make one of the following demands:
- Replace the item with a similar one.
- Reduce the price proportionately.
- Eliminate the defect free of charge (if it is removable).
- Return the money.
If you have suffered losses, you can also claim compensation for damage caused by purchasing a defective item.
The right to choose a solution to the problem remains with the buyer.
The seller may have doubts that the defect referred to by the buyer is a factory defect - in this case, the seller has the right to conduct a quality check, and in case of a dispute, an examination.
Returning a cable of poor quality
If the product has any defects, it can be returned to the seller during the entire warranty period. If non-conformity is discovered after the warranty period has expired or has not been established at all, the claim must be made within the two-year period from the date of purchase.
It is necessary to know what demands the buyer has the right to make (Article 18 of the PZPP):
- receipt of the amount previously paid for the product with reimbursement of all expenses that resulted from the purchase of a low-quality cable;
- when purchasing by lending - return of the part of the principal debt paid to the credit institution and accrued and paid interest;
The buyer also has the right to make demands for recalculation of the cost of the purchased goods.
If you want to return or exchange an item, you should collect all the necessary materials related to the transaction:
- consumer passport;
- cash (sales) receipt;
- warranty receipt or coupon.
If the documents confirming payment for the goods have not been preserved or were missing initially, the buyer has the right to resort to the testimony of eyewitnesses.
Often sellers object to buyer demands to return defective products or replace them with quality ones. If there is any doubt about the presence and causes of deficiencies, the cable should be sent for examination. The consumer must be notified of the actions taken, as he has the right to be present when the experts work.
Keep in mind! As a general rule, the examination is paid for by the seller of the goods. If a citizen does not agree with its result, he has the right to transfer the goods again for re-examination, but now at his own expense.
If the parties cannot reach an agreement, the solution is to litigate the case. Although the law considers in detail the possibilities of resolving a dispute when returning defective goods, a compromise cannot always be reached. In complex cases, the result of the examination becomes the basis for the presence or absence of the buyer’s requirements.
If it turns out that the cause of damage to the cable is not the actions of the consumer, the latter has the right to receive back the entire amount paid when purchasing this product.
If it turns out that the defects arose precisely as a result of improper work, the buyer will have to reimburse the seller for the costs of examination and storage of the products. When submitting a written complaint, you should take this circumstance into account.
Article 25 of the PPA. The consumer's right to exchange goods of proper quality.
Read about returning building materials here.
How to return goods to an online store, read the link:
Summarize!
You can return both high-quality and defective clothing to the store. But the timing of the application and the procedure will depend on the specific situation. If you think you might want to return clothes to the store, don't rush to cut off the tags or dress up when going out. Carefully inspect the new thing at home, make sure that it suits you in size and suits you in quality, and only after that begin to actively use it. A number of items cannot be returned, but this list is extremely limited (mainly underwear), other items of clothing must be changed or accepted back with a refund without any problems. We described in detail above how to return an item to the store. If you have any doubts or have been refused, we advise you to contact a lawyer who will advise you on all issues.
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Terms of refund for goods
If an item is not included in the list of non-returnable items but requires replacement, the buyer may return it to the seller within 14 days. If a defect or other defects are detected, you can apply for money or a replacement for a similar item until the warranty period has expired.
The legislator allows in some cases to return a low-quality product even after the end of the warranty period. We are talking about situations where the manufacturer of the product is at fault. Submission of claims is possible within 2 years. The buyer will have to confirm his statement that the manufacturer is at fault; for this, an examination is carried out.
If it turns out that the defects cannot be corrected, the consumer has the right to receive the full purchase price. It should be noted that when returning an item with technically complex characteristics, the law considers an examination mandatory.
List of goods that cannot be returned or exchanged
You can find out whether a purchased item can be exchanged or returned by reading the approved list of goods that cannot be returned to the store if the buyer has no complaints about their quality.
The list of non-food products that cannot be returned contains the following product groups:
- perfumes and cosmetic products;
- medicines and medical equipment (instruments, equipment, lenses, child care products);
- items used for personal hygiene (toothbrushes, combs);
- furniture sets;
- products sold by the meter (wires, cables, fabrics, tapes, braid, linoleum, carpets);
- jewelry and other products containing precious metals;
- printed materials (books, magazines, newspapers, albums, sheet music);
- plants and animals;
- household chemicals;
- knitted and hosiery (tights, socks, towels, bed linen);
- polymer containers for food products (dishes, including disposable ones, containers for storage and packaging, cutlery);
- weapons and their components used for civilian purposes;
- household technically complex goods (telephones, computers, household electrical appliances, office equipment, cameras, machines for wood and metal);
- cars, trailers, watercraft, equipment for agricultural work.
The list of goods that cannot be returned divides them into categories, each of which contains all types of products belonging to this group. The main criterion that determines the possibility/impossibility of exchange or return is quality. If the products are of poor quality, then only in this case can they be returned.
Complex technical products
The legislator includes in the list of technically complex products a fairly extensive list of goods, the complexity of which can be determined based on their purpose and available functions. Such products have a specified warranty period and are used only for domestic use.
Such techniques include:
- household appliances (for example, microwave oven, refrigerator, washing machine, food processor);
- photo and video equipment;
- computers;
- radio-electronic devices;
- water and land transport for sports and tourism;
- touch screen multifunction devices;
- TVs, satellite television equipment, game consoles;
- household machines for wood and metal;
- telephones and faxes;
- vehicles for agricultural work;
- multifunctional electronic watch.
Read more about returning technically complex goods of proper quality here.
When purchasing such goods, it is necessary to clarify whether a particular product is subject to exchange or return.
Food products
Purchased food products cannot be returned if they are of high quality and produced in compliance with all standards. This is due to the fact that opened products lose their presentation and the chance of selling them is minimal. If the product has expired or upon opening the package it is discovered that the product is damaged or contains foreign particles, then the store is obliged to return the money back.
Food products that cannot be returned include :
- vegetables, cereals, pasta, mushrooms, sugar, baked goods, confectionery (products of plant origin);
- meat, milk, fish, eggs, poultry (products of animal origin);
- coffee, tea, butter, mayonnaise, spices, seasonings (mixed);
- bottled liquids.
How to make a complaint to the seller
A claim is an official document that serves for the pre-trial settlement of a controversial situation.
It must be compiled in accordance with the following rules:
- two identical copies are issued. One is given to the seller, the second is kept by the buyer. On the second copy, the seller’s representative must put a mark of receipt, the date and his signature specifying the position;
- in the main part it is necessary to describe the fact of purchase. You will need to provide all the technical characteristics of the purchased product: name of the manufacturing company, brand, article number, configuration, material of manufacture, etc.;
- you should justify your requirements. The consumer must explain the circumstances surrounding the discovery of the poor quality of the purchased product. The shortcomings of the item themselves require a detailed description. It should be explained why the cable cannot be used for its intended purpose in this form;
- It is recommended to indicate your agreement with the need to conduct an examination to determine the causes of damage. At the same time, it is necessary to clarify that the seller will have to pay it in accordance with the law;
- when formulating your requirements, you should definitely refer to the legislative framework for presenting demands of this kind: the Law of the Russian Federation “On the Protection of Consumer Rights” (hereinafter referred to as the Law) and the Civil Code of the Russian Federation;
- It should be mentioned that there is evidence of the purchase: a sales receipt or a cash receipt. You need to know that Part 5 of Art. 18 of the Law does not deprive the buyer of the right to return low-quality goods if there is no purchase receipt;
- If the weight of the goods is more than 5 kg, it is necessary to specify the procedure for its delivery to the seller. In accordance with Part 7 of Art. 18 of the Law, such products are classified as large-sized. The seller himself is obliged to deliver it. If the buyer wishes to carry out delivery himself, he has the right to demand compensation for this item of his expenses;
- The claim must be signed by the applicant and dated.
ATTENTION! Look at the completed sample claim for the return of goods of inadequate quality:
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
The following standards deserve special attention:
- Article 18 of the Law, which gives the buyer the right to return goods that do not meet quality requirements;
- Article 503 of the Civil Code of the Russian Federation, containing a provision similar to the one indicated above;
- Article 309 of the Civil Code of the Russian Federation, which establishes the obligation of the seller, as a party to the transaction, to fulfill all obligations assumed in accordance with the law;
- Article 310 of the Civil Code of the Russian Federation, which establishes that the seller does not have the right to refuse to fulfill the purchase and sale agreement unilaterally.
How to return an item to the store? Procedure:
- Prepare the item for delivery and collect documents - cash receipts (can you return an item without a receipt, read our article), confirmation of debit from a bank card, and so on. If the item was sold in a box, case or bag, it is advisable to provide them as well.
- Write a complaint. It must be prepared in two copies (on the seller’s letterhead or in free form). One is transferred to the administration, the other remains with you with a note indicating that your application was accepted for processing (signature of the person in charge and seal).
- If your claim is not accepted or they refuse to give you a refund (change an item of clothing), you can leave a review in the Suggestion Book (if the store has one; since January they have become optional, so if you are told that it is not there, this is not a violation).
- The next possible step if there is no result is contacting Rospotrebnadzor. After this or in parallel, you can go to court. In this case, it may be necessary to conduct an independent examination to prove your case, but if you win the case, you will be reimbursed for all costs.
This is a general case of how to return an item to a store with a receipt. If the receipt is missing, you will need to restore it, and the procedure will be the same.